Vermont S 59: An act relating to amendments to Vermont’s Open Meeting Law

Bill Text

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No. 51. An act relating to amendments to Vermont’s Open Meeting Law.
(S.59)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 1 V.S.A. § 310 is amended to read:
§ 310. DEFINITIONS
As used in this subchapter:
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(9) “Undue hardship” means an action required to achieve compliance
would require requiring significant difficulty or expense to the unit of
government to which a public body belongs, considered in light of factors
including the overall size of the entity, sufficient the availability of necessary
personnel and staffing availability staff, the entity’s budget available resources,
and the costs associated with compliance.
Sec. 2. 1 V.S.A. § 312 is amended to read:
§ 312. RIGHT TO ATTEND MEETINGS OF PUBLIC AGENCIES BODIES
(a)(1) All meetings of a public body are declared to be open to the public at
all times, except as provided in section 313 of this title. No resolution, rule,
regulation, appointment, or formal action shall be considered binding except as
taken or made at such open meeting, except as provided under subdivision
313(a)(2) of this title. A meeting of a public body is subject to the public
accommodation requirements of 9 V.S.A. chapter 139. A public body shall
electronically record all public hearings held to provide a forum for public

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comment on a proposed rule, pursuant to 3 V.S.A. § 840. The public shall
have access to copies of such electronic recordings as described in section 316
of this title.
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(3)(A) State nonadvisory public bodies; hybrid meeting requirement;
exception for advisory bodies. Any public body of the State, except advisory
bodies, shall:
(A)(i) hold all regular and special meetings in a hybrid fashion,
which shall include both a designated physical meeting location and a
designated electronic meeting platform;
(B)(ii) electronically record all meetings; and
(C)(iii) for a minimum of 30 days following the approval and posting
of the official minutes for a meeting, retain the audiovisual recording and post
the recording in a designated electronic location.
(B) Exception; site inspections and field visits. This subdivision (3)
shall not apply to gatherings of a State public body for purposes of a site
inspection or field visit.
(C) Application of subdivision; State public bodies only. This
subdivision (3) applies exclusively to State public bodies.
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(5) State nonadvisory public bodies; State and local advisory bodies;
designating electronic platforms. State nonadvisory A public bodies body

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meeting in a hybrid fashion pursuant to subdivision (3) of this subsection and
State and local advisory bodies meeting without a physical meeting location or
advisory body meeting pursuant to subdivision (4) of this subsection shall
designate and use an electronic platform that allows the direct access,
attendance, and participation of the public, including access by telephone. The
public body shall post information that enables the public to directly access the
designated electronic platform and include this information in the published
agenda or public notice for the meeting.
(6) Local nonadvisory public bodies; meeting recordings.
(A) A public body of a municipality or political subdivision, except
advisory bodies, shall record or cause to record, in audio or video form, any
meeting of the public body and post a copy of the recording in a designated
electronic location for a minimum of 30 days following the approval and
posting of the official minutes for a meeting. This subdivision (A) shall not
apply to gatherings of a public body for purposes of a site inspection or field
visit.
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(c)(1) The time and place of all regular meetings subject to this section
shall be clearly designated by statute, charter, regulation, ordinance, bylaw,
resolution, or other determining authority of the public body, and this
information shall be available to any person upon request. The time and place
of all public hearings and meetings scheduled by all Executive Branch State

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agencies, departments, boards, or commissions shall be available to the public
as required under 3 V.S.A. § 2222(c).
(2) The time, place, and purpose of a special meeting subject to this
section shall be publicly announced at least 24 hours before the meeting.
Municipal public bodies shall post notices of special meetings in or near the
municipal clerk’s office and in at least two other designated public places in
the municipality or a neighboring municipality, at least 24 hours before the
meeting. In addition, notice shall be given, either orally or in writing, to each
member of the public body at least 24 hours before the meeting, except that a
member may waive notice of a special meeting.
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(d)(1) At least 48 hours prior to a regular meeting, and at least 24 hours
prior to a special meeting, a meeting agen